14th Amendment

Are porn stars’ rights deserving of strict scrutiny?

[W]hat I ask for is simple. I, like all other sex workers, want to be treated with dignity and respect. I want equal representation under the law and within societal institutions. I want people to acknowledge our humanity.

Lauren A., a freshman at Duke University, defending her decision to perform in pornography to fund her education. In her personal manifesto, posted on xoJane, she rejects her categorization as a “bimbo” and a “whore,” and envisions a world in which sex workers will enjoy the equal protection of the laws.

* Airport security has forbidden joking about bombs and hijacking. Now TSA is cracking down on joking about TSA itself. In the interest of my next flight, “I love you, TSA!” [Daily Mail]

* A detailed analysis of the 14th Amendment’s role in the debt ceiling debate. President Obama should employ this solution now before the Supreme Court realizes there’s another part of the 14th Amendment they can overturn. [Main Street]

* Law school professors do not take kindly to your antics. [Law Prof Blog]

* A Cooley Law professor is arguing against gay rights. Sorry, a Western Michigan Law professor is arguing against gay rights. [Pride Source]

* The rules don’t apply to Yale or Harvard. Or at least the rules don’t apply to their law reviews. [Professor Bainbridge]

* Congress is still trying to decide how to regulate FM radio instead of looking at salient issues in modern copyright law. Given how brilliantly they keep the government open, maybe FM radio is the biggest issue we should give them right about now. [The Daily Caller]

* The lawyer as generalist is fading into obscurity. Let’s commemorate it in poetry, shall we? [Poetic Justice]

* A preview of some upcoming Supreme Court cases this week. Complete with cartoons! [The Spark File]

* Finally, here’s a little gem for Justice Ruth Bader Ginsburg fans that we got….

double red triangle arrows Continue reading “Non-Sequiturs: 10.15.13″

[T]he city’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner. In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of targeting “the right people” is racially discriminatory and therefore violates the United States Constitution.

– Judge Shira Scheindlin (S.D.N.Y.), in a ruling declaring that the New York Police Department’s hotly debated stop-and-frisk tactics violated the Fourth and Fourteenth Amendments.

(Continue reading to see Judge Scheindlin’s glorious 195-page opinion. It’s a legal document that should be on every lawyer’s required reading list.)

double red triangle arrows Continue reading “New York Can No Longer Stop And Frisk The ‘Right People’ For Being The ‘Wrong Color’”


Well, they give zero f**ks. Not a single one.

They’re wearing a ridiculous piece of fashion because they do not care about your opinion. Remember Gordon Gee? Bill Nye? Donald Duck?

And this universal truism was reaffirmed when the 93-year-old former justice took the stage before a giant gathering of liberal lawyers, jurists, academics, and law students, and patiently told them how wrong they are about DNA and the Fourth Amendment.

This is what happens when you invite Republicans to speak…

double red triangle arrows Continue reading “Justice Stevens Address: Guys Who Wear Bow Ties…”

* If you’ve been waiting for the definitive, Kashmir Hill, what in the hell is Catfishing article, here you go. [Not-So Private Parts / Forbes]

* Let me just say that societies that fully utilize the talents of women have an inherent advantage over the ones that don’t. With one rules change, we now have twice as many potential combat soldiers. Glory. [Daily Beast]

* A “Good Samaritan” gun owner defended a little boy from pit bulls by shooting at the dogs who were mauling the little boy. Look, as a dad, can I just say that if you see some pit bulls attacking my son, please help… by running at the pit bulls and saying, “Git, git away from that boy,” not by shooting a freaking hand cannon towards my child! [Cato @ Liberty / Cato Institute]

* Okay, who has standing to sue for a violation of the 27th Amendment? Who? I want this to happen. Come on, constitutional scholars. Make it happen. Let’s see who really cares about “all” the amendments, not just the ones that allow people to shoot each other. [The Note / ABC News]

* I mean we’re suing over sandwiches, aren’t we? [Legal Blog Watch]

* Slow your roll, NAACP. I’m pretty sure that the 14th Amendment doesn’t protect the rights of black people to become diabetic with oversized sugary drinks. [Gawker]

* I’m flying this weekend for the first time in over a year (it couldn’t be avoided). I’ll need to brush up on what rights I still retain during air travel. As long as I acknowledge TSA’s droit du seigneur to my wife, I’m allowed to carry an unopened water bottle on board, right? [Legal Blog Watch]

* There’s a statement from the University of Baltimore on the Phillip Closius situation. They say their “forward momentum” will continue. Does that mean they expect future Baltimore Law students to be unable to run a Google search? [WSJ Law Blog]

* Lat imagined a future legal career for Casey Anthony that starts with a Anthony getting a GED (before clerking on the Supreme Court and becoming a law partner of Jose Baez). But doesn’t Hustler seem like something more in her wheelhouse? [Gawker]

* Have we done irreparable damage to our credit rating, unless we can prove we have a legal “fail-safe” in case a vocal Tea Party minority hijacks the entire freaking nation again? [Blackbook Legal]

* Taco Bell employee fired for refusing to get his hair cut. I guess they were worried about 100% real hair mixing with their isolated oat product — er, seasoned beef. [Associated Press]

* Howrey going to massively reduce our assets for bankruptcy reporting purposes? [Chapter11Cases]

As Republicans continue to play chicken with the nation’s solvency, the idea that the president doesn’t need congressional approval to raise the debt ceiling is gaining traction. The thought bubble suggests that President Obama can raise the debt ceiling because of language in the Fourteenth Amendment stating that the nation’s debt “shall not be questioned.”

The idea has been trumpeted by none other than former president Bill Clinton. Clinton said that he would unilaterally raise the debt ceiling and “force the courts to stop me.”

Of course, President Clinton had what the scientists call “balls.” He knew how to handle a group of intractable Republicans more concerned with scoring political points than governing.

President Obama? The New York Times has his response: “I have talked to my lawyers. They are not persuaded that that is a winning argument.”

Can Aaron Sorkin please write a “Let Obama Be Obama” episode? Because sometimes Barack Obama really likes to dangle his feet in the water of whatever the hell it is he dangles his feet in, when he wants to make it look like he’s trying without pissing too many people off.

In any event, is invoking Section 4 of the Fourteenth Amendment a “winning” argument that could solve this debt crisis?

double red triangle arrows Continue reading “To Be Young, An Executive, And Above the Law: Thoughts on the Debt Ceiling Impasse”

I’m not a constitutional scholar, and I didn’t stay at a Holiday Inn last night. But I really struggle to find the ambiguity in this line from the Fourteenth Amendment: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

That statement seems very, very clear to me.

Of course, I’m not an unabashed racist. Maybe if I was I’d be able to be as intellectually dishonest and willfully ignorant as State Legislators for Legal Immigration, and have the gall to argue that this section of the 14th Amendment has been misinterpreted for 150 years.

Actually, check that. Even if I woke up in the middle of the night terrified that dirty foreigners were stealing my country, I’d grab a shovel and start digging a moat around this country before I fixed my mouth to argue utter tripe like what we’re hearing from the State Legislators for Legal Immigration.

In a world full of spurious legal arguments, theirs is truly one of the stupidest things you’re ever going to hear…

double red triangle arrows Continue reading “Born in the U.S.A. No Longer Good Enough for Republican Lawmakers”